Legislature(1993 - 1994)
1994-03-15 House Journal
Full Journal pdf1994-03-15 House Journal Page 2807 HOUSE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE -- SECOND SESSION Juneau, Alaska Tuesday March 15, 1994 Sixty-fifth Day Pursuant to adjournment, the House was called to order by Speaker Barnes at 10:11 a.m. Roll call showed 33 members present. Representatives Nicholia and Ulmer had been previously excused from a call of the House today. Representatives Larson, MacLean, Menard, Mulder and Navarre were absent. The invocation was offered by the designated Chaplain of the day, Representative Sitton. Representative Davies moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "Let us pray - We stand before You, oh God, in gratitude for the one or two battered old free thinkers You've sent our way - like old Walt Whitman, who said, `This is what you shall do: Love the earth and sun and the animals, despise riches, give alms to every one that asks, stand up for the stupid and crazy, devote your income and labor to others, hate tyrants, argue not concerning God, have patience and indulgence toward the people, take off your hat to nothing known or unknown or to any man or number of men, go freely with powerful uneducated persons and with the young and with the mothers of families, read these leaves in the open 1 1994-03-15 House Journal Page 2808 air every season of every year of your life, re-examine all you have been told at school or church or in any book, dismiss whatever insults your own soul, and your very flesh shall be a great poem and have the richest fluency not only in its words but in the silent lines of its lips and face and between the lashes of your eyes and in every motion and joint of your body.' Amen." The Pledge of Allegiance was led by Representative James. CERTIFICATION OF THE JOURNAL Representative Phillips moved and asked unanimous consent that the journal for the 64th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. COMMUNICATIONS The following report is on file in the Chief Clerk's office: University of Alaska Report to the Legislature, 1993-94 (as required AS 14.40.190) REPORTS OF STANDING COMMITTEES The Health, Education & Social Services Committee has reviewed the qualifications of the following appointee for legislative confirmation and recommends the appointment be forwarded to a joint session for consideration: Margaret R. Lowe as Commissioner of the Department of Health & Social Services. 1994-03-15 House Journal Page 2809 The report stated that it does not reflect an intent by any of the members to vote for or against this individual during any further sessions for the purposes of confirmation. The report was signed by Representatives Toohey and Bunde, Co- chairs, and Representatives G.Davis, Kott, B.Davis, Vezey, Olberg and Nicholia. HB 356 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 356 "An Act relating to living wills and do not resuscitate orders; and providing for an effective date." The report was signed by Representative Bunde, Co-chair, with the following individual recommendations: Do pass (3): G.Davis, Bunde, Toohey No recommendation (5): Kott, Vezey, Olberg, B.Davis, Nicholia The following fiscal notes apply to HB 356: Fiscal note, Department of Health & Social Services, 3/15/94 Zero fiscal note, Dept. of Commerce & Economic Development, 3/15/94 The Speaker added a Finance Committee referral to follow the Judiciary Committee referral. HB 356 was referred to the Judiciary Committee. HB 363 The Finance Committee has considered: HOUSE BILL NO. 363 "An Act repealing an additional fee for motor vehicle registration not conducted by mail." 1994-03-15 House Journal Page 2810 HB 363 and recommends it be replaced with: CS FOR HOUSE BILL NO. 363(FIN) "An Act relating to motor vehicle registration and motor vehicle registration fees; and providing for an effective date." The report was signed by Representative Larson, Co-chair, with the following individual recommendations: Do pass (1): Foster No recommendation (6): Larson, Hanley, Martin, Grussendorf, Navarre, Brown Amend (1): Therriault The following fiscal note applies to CSHB 363(FIN): Fiscal note (No. 2), Dept. of Public Safety, 2/16/94 HB 363 was referred to the Rules Committee for placement on the calendar. HB 418 The Finance Committee has considered: HOUSE BILL NO. 418 "An Act extending the termination date of the Board of Parole; and providing for an effective date." The report was signed by Representatives Larson and MacLean, Co- chairs, with the following individual recommendations: Do pass (9): MacLean, Larson, Hanley, Martin, Parnell, Grussendorf, Brown, Foster, Therriault The following fiscal note applies to HB 418: Zero fiscal note, Dept. of Corrections, 2/18/94 1994-03-15 House Journal Page 2811 HB 418 HB 418 was referred to the Rules Committee for placement on the calendar. HB 442 The Finance Committee has considered: HOUSE BILL NO. 442 "An Act relating to criminal justice information; providing procedural requirements for obtaining certain criminal justice information; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 442(FIN) (same title) The report was signed by Representatives MacLean and Larson, Co- chairs, with the following individual recommendations: Do pass (4): Larson, Grussendorf, Brown, MacLean No recommendation (4): Foster, Therriault, Hanley, Martin The following fiscal notes apply to CSHB 442(FIN): Fiscal note, Dept. of Corrections, 3/15/94 Zero fiscal note, Dept. of Public Safety, 3/15/94 Zero fiscal note, Dept. of Law, 2/4/94 Zero fiscal note, Department of Health & Social Services, 2/4/94 HB 442 was referred to the Rules Committee for placement on the calendar. HB 445 The Judiciary Committee has considered: HOUSE BILL NO. 445 "An Act relating to operating or driving a motor vehicle, commercial motor vehicle, aircraft, or watercraft." 1994-03-15 House Journal Page 2812 HB 445 The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (5): Green, James, Porter, Phillips, Kott No recommendation (2): Nordlund, Davidson The following fiscal notes apply to HB 445: Fiscal note, Dept. of Public Safety, 2/4/94 Zero fiscal note, Dept. of Law, 2/4/94 Zero fiscal notes (2), Dept. of Administration, 2/4/94 HB 445 was referred to the Finance Committee. HB 460 The Judiciary Committee has considered: HOUSE BILL NO. 460 "An Act relating to bail after conviction for various felonies if the defendant has certain previous felony convictions." The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (6): Green, James, Davidson, Nordlund, Phillips, Porter No recommendation (1): Kott The following fiscal notes apply to HB 460: Zero fiscal note, Dept. of Law, 3/15/94 Zero fiscal note, Dept. of Public Safety, 3/15/94 Zero fiscal note, Dept. of Corrections, 3/15/94 Zero fiscal notes (2), Dept. of Administration, 3/15/94 1994-03-15 House Journal Page 2813 HB 460 HB 460 was referred to the Finance Committee. INTRODUCTION OF CITATIONS The following citation was introduced and referred to the Rules Committee for placement on the calendar: Honoring - Lee H. Salisbury, Professor Emeritus and the Lee H. Salisbury Theatre By Representative Davies INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HJR 62 HOUSE JOINT RESOLUTION NO. 62 by the House State Affairs Committee: Urging the Congress to reevaluate its practice of imposing unfunded mandates on state and local governments. was read the first time and referred to the State Affairs Committee. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 301 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 301 by Representatives Hanley and Finkelstein, entitled: "An Act prohibiting the sale of certain studded tires or the sale of certain studs to be installed in tires; and providing for an effective date." was read the first time and referred to the Transportation, Labor & Commerce and Finance Committees. 1994-03-15 House Journal Page 2814 **The presence of Representatives Larson, Menard, Mulder and Navarre was noted. CONSIDERATION OF THE DAILY CALENDAR THIRD READING OF HOUSE BILLS HB 199 The following, which was advanced to third reading from the March 14, 1994, calendar (page 2779), was read the third time: CS FOR HOUSE BILL NO. 199(O&G) am "An Act relating to the exploration and production of oil and gas and related hydrocarbons, to oil and gas exploration licenses, and to oil and gas leases in certain areas of the state; and providing for an effective date." **The presence of Representative MacLean was noted. The question being: "Shall CSHB 199(O&G) am pass the House?" The roll was taken with the following result: CSHB 199(O&G) am Third Reading Final Passage YEAS: 32 NAYS: 5 EXCUSED: 2 ABSENT: 1 Yeas: Barnes, Brice, Bunde, B.Davis, G.Davis, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Navarre, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Vezey, Williams, Willis Nays: Brown, Davidson, Davies, Finkelstein, Menard Excused: Nicholia, Ulmer Absent: Carney And so, CSHB 199(O&G) am passed the House. 1994-03-15 House Journal Page 2815 HB 199 Representative Phillips moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clauses. There being no objection, it was so ordered. Representative Navarre gave notice of reconsideration of his vote on CSHB 199(O&G) am. HB 339 The following, which was advanced to third reading from the March 14, 1994, calendar (page 2782), was read the third time: CS FOR HOUSE BILL NO. 339(JUD) (efd am) "An Act relating to the use of historical documents in public schools; and providing for an effective date." The question being: "Shall CSHB 339(JUD) (efd am) pass the House?" The roll was taken with the following result: CSHB 339(JUD) (efd am) Third Reading Final Passage YEAS: 29 NAYS: 8 EXCUSED: 2 ABSENT: 1 Yeas: Barnes, Bunde, Carney, B.Davis, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, MacLean, Martin, Menard, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Vezey, Williams, Willis Nays: Brice, Brown, Davies, G.Davis, Finkelstein, Mackie, Navarre, Nordlund Excused: Nicholia, Ulmer Absent: Davidson And so, CSHB 339(JUD) (efd am) passed the House. Representative Phillips moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. 1994-03-15 House Journal Page 2816 HB 339 Representative Navarre objected. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: CSHB 339(JUD) (efd am) Third Reading Effective Date YEAS: 27 NAYS: 11 EXCUSED: 2 ABSENT: 0 Yeas: Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hoffman, Hudson, James, Kott, Larson, MacLean, Martin, Menard, Moses, Mulder, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams, Willis Nays: Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Mackie, Navarre, Sitton Excused: Nicholia, Ulmer And so, the effective date clause was adopted. Representative Navarre gave notice of reconsideration of his vote on CSHB 339(JUD) (efd am). LEGISLATIVE CITATIONS Representative Phillips moved and asked unanimous consent that the House approve the citations on the calendar. There being no objection, the following citations were approved and sent to enrolling: Honoring - Virginia Espenshade, Smoky Bay Soroptimists' Women Helping Women Award By Representatives Phillips, Brice, Davies, B.Davis, James, MacLean, Menard, Mulder, Navarre, Toohey, Ulmer, Willis Honoring - Layton and Lou Bennett By Representatives Mackie, Brice, B.Davis, Grussendorf, James, MacLean, Menard, Navarre, Nicholia, Sitton, Ulmer, Willis; Senator Zharoff 1994-03-15 House Journal Page 2817 Honoring - Cherissa Evanoff By Senator Jacko; Representatives Moses, B.Davis, James, Mackie, MacLean, Menard, Nicholia, Ulmer, Willis Honoring - Sgt. David Lancaster and Robert Brantley By Senator Leman; Representatives Barnes, Brice, B.Davis, James, Menard, Mulder, Navarre, Phillips, Toohey, Ulmer, Willis Honoring - Annual EMS Awards Recipients By Senator Leman; Representatives Barnes, Brice, Bunde, Davies, B.Davis, James, Mackie, MacLean, Menard, Navarre, Nicholia, Nordlund, Parnell, Phillips, Sitton, Toohey, Ulmer, Willis In Memoriam - Nina Agnes Lie By Senator Adams; Representatives MacLean, Foster, B.Davis, James, Mackie, Menard, Nicholia, Willis In Memoriam - Goody Winther Senator Taylor; Representatives Grussendorf, B.Davis, Foster, James, Mackie, Menard, Willis RECONSIDERATION HB 402 Representative Phillips brought up reconsideration of the vote on HB 402 (page 2786). The following was again before the House in third reading: HOUSE BILL NO. 402 "An Act requiring that an owner's motor vehicle liability insurance policy used as proof of financial responsibility designate by description or appropriate reference the motor vehicles it covers; and providing for an effective date." Representative Phillips moved and asked unanimous consent that reconsideration of HB 402 be held until the March 16, 1994, calendar. There being no objection, it was so ordered. 1994-03-15 House Journal Page 2818 UNFINISHED BUSINESS Representative Phillips moved and asked unanimous consent that the following members be excused from a call of the House as noted: Representative Davidson - from 6:30 a.m., March 31 to 8:00 p.m., plane time, April 5, 1994 Representative Kott - from 7:30 p.m., March 31 to 8:25 a.m., plane time, April 5, 1994 Representative Olberg - from 8:10 p.m., March 25 to 6:00 p.m., plane time, March 27, 1994 Representative Sitton - from 6:30 a.m., March 31 to 10:00 p.m., plane time, April 4, 1994 There being no objection, it was so ordered. SCR 17 Representative Toohey added her name as cross-sponsor to: CS FOR SENATE CONCURRENT RESOLUTION NO. 17(STA) am Honoring Alaskan Tommy Moe for winning gold and silver medals at the 1994 Winter Olympic Games in Lillehammer, Norway. ANNOUNCEMENTS House committee schedules are published daily under separate cover. ADJOURNMENT Representative Phillips moved and asked unanimous consent that the House adjourn until 10:00 a.m., March 16, 1994. There being no objection, the House adjourned at 11:57 a.m. Suzi Lowell Chief Clerk